Bedikat Chametz: Difference between revisions
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→Renting or selling the house to a non-Jew
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# If one is not going to be home on [[Pesach]] and sell the house to a goy, it’s improper not to do Bedika.<Ref> Halichot Shlomo (vol 1, pg 101 note 14) </ref> | # If one is not going to be home on [[Pesach]] and sell the house to a goy, it’s improper not to do Bedika.<Ref> Halichot Shlomo (vol 1, pg 101 note 14) </ref> | ||
# If someone sells their house and the chametz in it to a non-Jew for Pesach if he sells it on the 14th (standard sale of chametz) some say he isn't obligated to do bedikat chametz, while others hold he is obligated since it wasn't sold at that time. If he sells it on the 13th then he is certainly exempt from doing bedikat chametz.<ref>Mishna Brurah 436:31 quotes a major dispute between the Mekor Chaim and Binyan Olam. The Mekor Chaim thinks that the rooms which were only sold on the 14th are obligated in bediakt chametz since at the time of bedikat chametz they were in the hands of a Jew. Chayei Adam agrees. However, the Binyan Olam holds that they aren't obligated in bedikat chametz since they aren't going to be sold tomorrow. Chatom Sofer 131 agrees as long as one leaves out a room to do bedikat chametz on. Eshel Avraham agrees. He concludes that this is the minhag. Nonetheless, it is better to sell it on the 13th and then certainly it is exempt from bedikat chametz. Dirshu 436:24 cites the Chazon Ish (Chut Shani p. 107, Orchot Rabbenu 2:7) and Rav Shlomo Zalman Auerbach (Halichot Shlomo Dvar Halacha 5:6) who hold that the rooms sold on the 14th are exempt from bedikat chametz.</ref> | # If someone sells their house and the chametz in it to a non-Jew for Pesach if he sells it on the 14th (standard sale of chametz) some say he isn't obligated to do bedikat chametz, while others hold he is obligated since it wasn't sold at that time. If he sells it on the 13th then he is certainly exempt from doing bedikat chametz.<ref>Mishna Brurah 436:31 quotes a major dispute between the Mekor Chaim and Binyan Olam. The Mekor Chaim thinks that the rooms which were only sold on the 14th are obligated in bediakt chametz since at the time of bedikat chametz they were in the hands of a Jew. Chayei Adam agrees. However, the Binyan Olam holds that they aren't obligated in bedikat chametz since they aren't going to be sold tomorrow. Chatom Sofer 131 agrees as long as one leaves out a room to do bedikat chametz on. Eshel Avraham agrees. He concludes that this is the minhag. Nonetheless, it is better to sell it on the 13th and then certainly it is exempt from bedikat chametz. Dirshu 436:24 cites the Chazon Ish (Chut Shani p. 107, Orchot Rabbenu 2:7) and Rav Shlomo Zalman Auerbach (Halichot Shlomo Dvar Halacha 5:6) who hold that the rooms sold on the 14th are exempt from bedikat chametz.</ref> | ||
# Some say that one should specifically rent the rooms and not sell them in order that the rooms not become exempt in mezuzah over Pesach and then after Pesach the mezuzah's are invalid since they were exempt and then left up.<ref>Dirshu 436:19 cites the Rav Elyashiv (Ashrei Haish 3:51:36, Halichot Vahanhagot p. 15) as holding that if the rooms were sold to a non-Jew for the duration of Pesahc then the rooms were exempt from mezuzah during Pesach and afterwards even though the mezuzah's are already there it is a problem. Mezuzah's need to be taken down and put back up, otherwise they were never put up properly since they were left hanging up from when they were previously exempt (''taseh vlo min ha'asuy'', trans. "do it and not have it done", Hebrew:תעשה ולא מן העשוי). To obviate this issue one should rent the rooms and not sell them.</ref> | |||
===One's office=== | ===One's office=== | ||
